Case: 13-50911 Document: 00512696842 Page: 1 Date Filed: 07/14/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-50911
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
July 14, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
NICACIO MUNOZ-HERRERA,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:13-CR-336-1
Before DAVIS, BENAVIDES, and PRADO, Circuit Judges.
PER CURIAM: *
Nicacio Munoz-Herrera (Munoz) appeals the 36-month sentence imposed
after his guilty plea conviction for illegal reentry following a prior deportation.
He argues that the above-guidelines sentence is substantively unreasonable
because it was greater than necessary to satisfy the sentencing goals of 18
U.S.C. § 3553(a). Munoz asserts that the district court gave inordinate weight
to his remote, prior offenses and failed to give sufficient weight to his personal
circumstances.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 13-50911 Document: 00512696842 Page: 2 Date Filed: 07/14/2014
No. 13-50911
Munoz has not shown that his sentence was substantively unreasonable.
The record reflects that the district court had an adequate basis for the
sentence imposed and was guided by the § 3553(a) factors in deciding that an
upward variance was merited. The district court made an individualized
assessment and concluded that the guidelines range did not adequately take
into account the § 3553(a) factors, including Munoz’s history and
characteristics, the need to promote respect for the laws of the United States,
the need to protect the public, and the need to deter future crimes. To the
extent that Munoz disagrees with his sentence and the district court’s
evaluation of the § 3553(a) factors, he has not shown that the district court
abused its discretion on that basis. See Gall v. United States, 522 U.S. 38, 51
(2007).
AFFIRMED.
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